[Ord. 1226, 8-5-1998]
(A) 
It is the purpose of this chapter to provide a just, equitable and practicable method by which:
(1) 
Buildings or structures, which irrespective of cause endanger the life, limb, health, morals, property, safety or welfare of the general public, or their occupants, may be required to be repaired, vacated or demolished; and
(2) 
Provisions are made to protect buildings or structures from vandalism, burglary, or other unlawful acts.
This chapter is based upon the 1994 Edition of the Uniform Code for the Abatement of Dangerous Buildings and meant to be cumulative with and in addition to any other remedy provided by the building or housing codes or otherwise available at law.
(B) 
These provisions shall apply to all dangerous buildings as defined in § 95B.104 which are now in existence or which may hereafter become dangerous.
[Ord. 1226, 8-5-1998]
All buildings or structures which are required to be repaired under the provisions of this chapter shall be subject to the provisions of the administrative part of the current referenced codes of Chapter 151 of the Municipal Code which are applicable to existing buildings and structures.
[Ord. 1226, 8-5-1998; Ord. 1611, 4-18-2012]
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABATE
To remove the source of the public nuisance either by correcting specific problems or by removal from public view.
ABATEMENT COSTS
Also referred to as "costs of abatement" and "administrative costs." They include all costs and expenses incurred by the city in abating a public nuisance. Such costs include, but are not limited to, the following: the actual expenses and costs to the city in the preparation of notices, specification and contracts; inspection of the work; any attorneys’ fees expended in the abatement of the nuisance, through civil action or otherwise; all costs and expenses for which the city may be liable under state law arising from or related to the nuisance abatement action; and all costs or expenses to which the city may be entitled pursuant to Cal. Health and Safety Code § 520 and other statutory entitlements. "Abatement costs" shall begin to accrue at the time the city first receives a complaint regarding a problem on the property.
ABATEMENT HEARING
The administrative appeal before the Board of Appeals after issuance of a Notice to Abate by an Enforcement Official.
APPLICABLE STATE CODE
Any state law which protects the health, safety or welfare of the citizens of the city.
BOARD OF APPEALS
The three member board appointed by the City Manager, designated to hear administrative appeals under this chapter.
BUILDING CODE
The Uniform Building Code promulgated by the International Conference of Building Officials and currently adopted by ordinance.
BUILDING OFFICIAL
The Building Official of the city or that individual qualified to determine if a violation of this code exists, designated by the city or the City Manager to abate specific instances of dangerous buildings or conduct special assignments as directed by the City Council or the City Manager.
CITY MANAGER
The City Manager of the city of Indio.
ENFORCEMENT OFFICIAL
The City Manager, the Building Official, the Chief of Police and any employee or agent of the city so designated by them and charged with enforcing the Municipal Code of the city or applicable state codes.
INTERESTED PARTY
The owner, legal occupant, or holder of a recorded interest of a property subject to a Notice or Order to Abate.
NOTICE TO ABATE
That notice of a nuisance on the property and instructions to abate as ordered by an Enforcement Official upon the finding of a nuisance.
ORDER TO ABATE
That order of the city to abate a nuisance after an Enforcement Official’s Notice to Abate is upheld by the City Manager or Hearing Officer at the abatement hearing.
POLICE CHIEF
The Chief of the Indio Police Department.
PUBLIC WORKS SUPERINTENDENT
The Public Works Superintendent of the city.
[Ord. 1226, 8-5-1998]
For the purpose of this chapter, any building, structure or portion thereof which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or the occupants are endangered:
(A) 
Whenever any door, aisle, passageway, stairway, stair rails, guardrails, or other required means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit, as provided by the Building Code or any applicable state code or ordinance of the city;
(B) 
Whenever the walking surface of any aisle, passageway, stairway, floor or floor covering is so warped, worn, loose, torn or otherwise unsafe as not to provide a safe and adequate means of passage;
(C) 
Whenever the stress in any structural materials, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in the building code for new buildings of similar structure, purpose or location;
(D) 
Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location;
(E) 
Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property;
(F) 
Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified in the building code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the building code for such buildings;
(G) 
Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquake than is required in the case of similar new construction;
(H) 
Whenever the building or structure or any portion thereof is likely to partially or completely collapse because of:
(1) 
Dilapidation, deterioration or decay;
(2) 
Faulty construction;
(3) 
The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building;
(4) 
The deterioration, decay or inadequacy of its foundation; or
(5) 
Any other cause.
(I) 
Whenever for any reason the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;
(J) 
Whenever the exterior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-half of the base;
(K) 
Whenever the building or structure, exclusive of the foundation, shows 33% or more damage or deterioration of its supporting member or members, or 50% damage or deterioration of its nonsupporting members, enclosing walls or coverings;
(L) 
Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become either:
(1) 
An attractive nuisance to children;
(2) 
A harbor for vagrants or criminals; or
(3) 
As to enable persons to resort thereto for the purpose of committing unlawful acts;
(M) 
Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than 50%, or in any supporting part, member or portion less than 66% of either the strength, fire-resisting qualities, or weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location;
(N) 
Whenever a building or structure, used or intended to be used for dwelling purposes because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities is determined by the Enforcement Official to be unsanitary, unfit for human habitation or in such a condition that it is likely to cause sickness or disease;
(O) 
Wherever any building or structure because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus, or other cause, is determined by the Enforcement Official to be a fire hazard;
(P) 
Whenever any building or structure is in such a condition as to constitute a public nuisance, under any applicable city ordinance pertaining to public nuisances or under any applicable state code, including but not limited to Cal. Gov't Code § 38771 and Cal. Civ. Code § 3480;
(Q) 
Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure or portion thereof has been abandoned or deserted so as to constitute an attractive nuisance or hazard to the public.